Supporting Statement OMB 3060-0678 (October 2012)

Part 25 of the Commission’s Rules OMB Control No. 3060-0678

Governing the Licensing of, December 2012

and Spectrum Usage by,

Satellite Network Stations and Space Stations

SUPPORTING STATEMENT

A. Justification:

1. The Federal Communications Commission (“Commission”) requests that the Office of Management and Budget (OMB) approve a revision of the information collection titled, “Part 25 of the Commission’s Rules Governing the Licensing of, and Spectrum Usage by, Satellite Network Earth Stations and Space Stations” under OMB Control No. 3060-0678 as a result of a recent rulemaking discussed below.

Report and Order (FCC 12-116)

On September 28, 2012, the Federal Communications Commission (“Commission”) released a Report and Order (R&O) titled, “In the Matter of 2006 Biennial Regulatory Review – Revision of Part 25.” In this R&O, the Commission amended various provisions of Part 25 of its rules pertaining to licensing and operation of satellite space stations and earth stations. With two exceptions, the amendments are non-substantive; that is, they neither impose new requirements nor eliminate or alter existing requirements. For example, among other things, the revisions added definitions for several technical terms that appear in Part 25 but are not defined there, and it deleted definitions of terms that are not used in Part 25. The Commission also eliminated redundant text from several rule sections, revised the wording of other provisions that were ambiguous or unduly confusing, updated cross-references to Commission rules or recommendations of the International Telecommunication Union (ITU), and corrected grammatical, spelling, and typographical errors.

The two substantive amendments adopted in the R&O do not increase paperwork burdens. The first substantive amendment revised 47 CFR § 25.110(c) to eliminate requirements to identify a radio service and station location in correspondence relating to applications and licenses. The impact of this revision on the total time required for submitting such correspondence is negligible. The second substantive amendment revised 47 CFR § 25.137(b) to codify an established practice of allowing applicants to cross-reference, rather than re-submit, previously filed information regarding non-U.S.-licensed satellites. The impact of this revision on the total time required for submitting applications is also negligible.

The number of respondents, number of responses, annual burden hours and annual costs have not been amended from the previous submission to the Office of Management and Budget (OMB) on September 2, 2010. Therefore, there are no program changes or adjustments.

The statutory authority for this information collection is contained in Sections 4, 301, 302, 303, 307, 309, 332 and 705 of the Communications Act of 1934, as amended; 47 U.S.C. Sections 154, 301, 302, 303, 307, 309, 332 and 705 unless otherwise noted.

None of the information collections affects individuals or households; thus there are no impacts under the Privacy Act.

2. This collection is used by the Commission staff in carrying out its duties concerning satellite communications as required by Sections 4, 301, 302, 303, 307, 309, 332 and 705 of the Communications Act, 47 U.S.C. Sections 301, 302, 303, 307, 309, 332 and 705. This collection is also used by the Commission staff in carrying out its duties under the World Trade Organization (WTO) Basic Telecom Agreement. The information collection requirements accounted for in this collection are necessary to determine the technical and legal qualifications of applicants or licensees to operate a station, transfer or assign a license, and to determine whether the authorization is in the public interest, convenience and necessity.

As technology advances and new spectrum is allocated for satellite use, applicants for satellite service will continue to submit the information required in 47 CFR Part 25 of the Commission’s rules. Without such information, the Commission could not determine whether to permit respondents to provide telecommunication services in the United States. Therefore, the Commission would be unable to fulfill its statutory responsibilities in accordance with the Communications Act of 1934, as amended, and the obligations imposed on parties to the WTO Basic Telecom Agreement.

3. Applicants are required to complete and file the “Application for Satellite Space and Earth Station Authorizations” (FCC Form 312) with the Commission electronically via the International Bureau Filing System (“MyIBFS”). Applicants requesting authority for operation of space stations must complete Schedule S of that form. Those requesting authority for operation of earth stations must complete Schedule B. A total of 100 percent of the documents are filed electronically in MyIBFS.

4. The agency does not impose similar information collection requirements on the respondents.

5. In conformance with the PRA, the Commission is making an effort to minimize the burden on all respondents, regardless of size. The Commission has limited the information collection requirements to those that are absolutely necessary for evaluating and processing the application and for deterring possible abuses of the application process.

6. If the various data in this collection were collected less frequently or not filed in conjunction with our rules, then applicants and licensees would not obtain the authorization necessary to provide telecommunication services; the Commission would not be able to carry out its mandate as required by statute; and applicants and licensees would not be able to provide services to the public effectively.

7. The Commission does not propose any new or amended information collection requirements that are not consistent with the general information collection guidelines in 5 CFR § 1320.

8. On October 31, 2012, 2012, the Commission published a 60-day notice in the Federal Register

(77 FR 65879). The comment period ended on December 31, 2012. No comments were received from the public in response to the notice.

9. Respondents will not receive any payments or gifts.

10. There is no need for confidentiality with this collection of information.

11. This information collection does not address any matters of a private or sensitive nature.

12. Estimate of Burden Hours for the 1,248 respondents to this information collection is as follows:

Explanation	Number	Time	Total Annual
of Burden Estimate	of Responses	Per Response	Burden Hours
47 CFR 25.113(c )
Third-party disclosure -	3	1 hour	3 hours
Applicants for satellite earth		On occasion/
stations must apply		Third Party
for determination of		Disclosure
"no hazard" through the
Federal Aviation
Administration (FAA)
and notify the FAA of
the planned construction
of new or altered height
of antenna structures
47 CFR 25.113(f)
Applicants planning the	3	1 hour	3 hours
construction of U.S.		On occasion
licensed space stations
must notify the Commission
that they plan to begin
construction at their
own risk
47 CFR 25.113(h)
The licensee will file FCC Form 312 with the Commission within	3	1 hour	3 hours
30 days of bringing the		On occasion
in-orbit spare into operation
and certify that operation
of this space station did not
cause the licensee to exceed
the total number of operating
space stations authorized
by the Commission and that
the licensee will operate
the space station within the
applicable terms and conditions
of the license
47 CFR 25.1101, 25.114 and
25.140
Fixed Satellite Service	19	11 hours
Applications		On occasion	209 hours
47 CFR 25.110, 25.114, 25.140
and 25.148
Direct Broadcast Satellite	1	12 hours	12 hours
Service Applications		On Occasion
47 CFR 25.110 and 25.277
Temporary Fixed Earth Station	79	10 hours	790 hours
Applications		On occasion
47 CFR 25.110, 25.115 and 25.130
Routine Fixed Earth Station	142	10 hours	1,420 hours
Applications		On occasion
47 CFR 25,110, 25.115, 25.130,
25.218 and 25.220
Non-Routine Fixed Earth	8	0.25 hours	2 hours
Applications		On Occasion
47 CFR 25.132
Non-Routine Fixed Earth	16	11 hours	176 hours
Station Applications		On occasion
47 CFR 25.134(g)(4)
Non-Routine Fixed Earth	12	1 hour	12 hours
Station Applications		On occasion
47 CFR 25.114
Applicants must submit a	4	1 hour	4 hours
comprehensive proposal for each		On occasion
proposed space station on FCC
Form 312 and Schedule S along
with attached exhibits, technical
information and any information
that is required to be filed in
narrative form

47 CFR 25.115
Commission authorization must	4	1 hour	4 hours
be obtained for authority to		On occasion
operate various earth station
authorizations – applications must
be filed on FCC Form 312 and
Schedule B and include
specified information2
47 CFR 25.115
Notification of the complete technical parameter of each earth	4	1 hour	4 hours
station site is bought into operation under the lead authorization is required to the Commission by the licensee		On occasion
47 CFR 25.115
CSAT licensee shall annually	4	1 hour	4 hours
provide the Commission an updated list of all operational		Annual
earth stations in its system
47 CFR 25.115
Certification that certain conditions are satisfied as specified under Section 25.115(c)(2)(iv) is required	4	1 hour On occasion	4 hours
47 CFR 25.115
The copy of the Schedule B notification form must be posted at each station operation pursuant to this section	4	0.25 hours On occasion	1 hour
47 CFR 25.116
Amendments can be filed to	24	5.5 hours	132 hours
pending space station		On occasion
applications until designation for
hearing on Form 312 and
Schedule B
47 CFR 25.116
Earth Station Amendments	97	5.5 hours	534 hours
		On occasion
47 CFR 25.117
Applications for modification of	36	5.5 hours	198 hours
space station authorizations		On occasion
must be filed on FCC Form 312 and Schedule B
47 CFR 25.117
Applications for modification of	91	5.5 hours	501 hours
earth station authorizations		On occasion
must be filed on FCC Form 312 and Schedule B
47 CFR 25.118(a)
Earth station licensees must file	91	5.5 hours	501 hours
the FCC Form 312 with the		On occasion
Commission within 30 days
of a modification of the license
to inform the Commission of this
change
47 CFR 25.118(a)(4)
Licensees changing its operations	4	2 hours	8 hours
from private carrier to common		On occasion
carrier must notify the Commission
within 30 days of the change by
filing the FCC Form 312 with the
Commission
47 CFR 25.118(e)(3) - (9)
Space station licensees must	4	2 hours	8 hours
certify that it will comply with		On occasion
all of the conditions of its original
license and all applicable rules
after relocation and file other
certifications with the Commission
as stated in the rule sections
47 CFR 25.119
Earth Station Assignment and	11	11 hours	121 hours
Transfer of Control Applications		On occasion
47 CFR 25.119
Earth Station Assignments and	279	11 hours	3,069 hours
Transfer of Control		On occasion
47 CFR 25.130
Application for a new or modified	4	1 hour	4 hours
transmitting earth station facility		On occasion
must be submitted on FCC Form 312 and Schedule B, accompanied by any required
exhibits and required narrative
information
47 CFR 25.131(a)
Applicants for a license for a	7	2 hours	14 hours
receive-only earth station must		On occasion
file the FCC Form 312 and
any required exhibits with the
Commission
47 CFR 25.131(d)
Applicants for registration must	7	2 hours	14 hours
be filed on the FCC Form 312		On occasion
along with any required exhibits
47 CFR 25.131(h)
Applications for renewals of	7	2 hours	14 hours
registrations must be filed on		On occasion
the Application for Renewal of
Radio Station License in Specified
Services (FCC Form 312-R)
47 CFR 25.131(j)(1)
Receive-only earth stations	7	2 hours	14 hours
operating with non-U.S. licensed		On occasion
space stations must file an
FCC Form 312 requesting a license
or modification to operate such
station
47 CFR 25.137
Applications from Non-US Licensed Satellites to	5	11 hours	55 hours
Enter the US Market		On occasion
47 CFR 25.137
New Earth Station License	2	22 hours	44 hours
Applications		On occasion
47 CFR 25.137
Earth Station Amendments	6	11 hours	66 hours
		On occasion
47 CFR 25.137
Earth Station Modifications	91	16.5 hours	1,502
		On occasion	hours
47 CFR 25.154(a)(2)
Petitions to deny, petitions for other	10	1 hour	10 hours
forms of relief and other objections		On occasion
or comments must be filed within
30 days after the public notice
announcing the acceptance
for filing of the application
or major amendment thereto
(unless Commission extends
the filing deadline)
47 CFR 25.154(a)(4)
Petitions to deny, petitions for other	10	1 hour	10 hours
forms of relief and other objections		On occasion
or comments must contain
specific allegations of fact
to support original relief requested

47 CFR 25.154(a)(5)
Petitions to deny, petitions for other	10	1 hour	10 hours
forms of relief and other objections		On occasion
or comments must contain
a certificate of service showing
that it had been mailed to the
applicant no later than the date
the pleading is filed with the FCC
47 CFR 25.154(a)(5)
Oppositions to petitions to deny	10	1 hour	10 hours
an application, etc. may be		On occasion
filed within 10 days
47 CFR 25.154(d)
Reply comments by the party	10	1 hour	10 hours
that filed the original petition may		On occasion
be filed with respect to pleadings
filed pursuant to paragraph (c)
of this section within 5 days
after the time for filing oppositions
has expired unless the Commission
otherwise extends the filing
deadline and must be in accordance
with other applicable provisions of
47 CFR 1.41 and 1.52
47 CFR 25.154(e)
Applicant must file a statement	10	1 hour	10 hours
with the Commission explaining		On occasion
whether the applicant has resolved
all outstanding issues raised by
the petitioner within 30 days
of the date the petition for deny
is filed
47 CFR 25.164(a)
Milestones - Licensees of	15	4 hours	60 hours
geostationary orbit satellite		On occasion
systems licensed on or after
August 27, 2003 must comply
with the implementation schedule
set forth in para. (a)(1) - (a)(4) (exc.
Direct Broadcast Satellite (DBS);
Digital Audio Radio Service (DARS)

47 CFR 25.164(b)
Milestones - Licensees of	15	4 hours	60 hours
geostationary orbit satellite		On occasion
systems licensed on or after
September 11, 2003 must comply
with the implementation schedule
set forth in para. (b)(1) - (b)(5) (exc. Direct Broadcast Satellite (DBS); Digital Audio Radio Service (DARS))
47 CFR 25.164(c)
Licensees of all satellite systems	15	1 hour	15 hours
other than DBS and DARS licensed		On occasion
on or after September 11, 2003
must submit a copy of their
binding non-contingent contract
with the Commission on or before
the date scheduled for entering
into such a contract
47 CFR 25.164(d)
Licensees of all satellite systems	15	2 hours	30 hours
other than DBS and DARS licensed		On occasion
on or after September 11, 2003
must demonstrate that the
licensee has completed the
critical design review of the
licensed satellite system
47 CFR 25.164(e)
Licensees of all satellite systems	15	1 hour	15 hours
other than DBS and DARS licensed		On occasion
on or after September 11, 2003
must demonstrate that the
licensee has commenced physical
construction of its licensed
spacecraft on or before the date
scheduled for such commencement

47 CFR 25.164(g)
Licensees of all satellite systems	15	4 hours	60 hours
including both non-geostationary		On occasion
orbit satellites and geostationary
orbit satellites (other than DBS
and DARS) and licensed on or
after September 20, 2004
will be required to comply with
the schedule set forth in
47 CFR 25.164(a) (GSO) and
47 CFR 25.164(b) (NGSO)
47 CFR 25.165
For all satellite licenses issued	15	1 hour	15 hours
after September 20, 2004		On occasion
(except DBS and DARS licenses)
and replacement satellite licenses
as defined in para. (e), the licensee
is required to post a bond within
30 days of the grant of its license.
Failure to post a bond will render
the license null and void
automatically.
TOTALS:	1,248 responses	0.25 – 22 hours per response	9,765 hours

“In house Cost” – In house staff who will be working on the information collection requirements contained in the chart above is estimated to have hourly salary of $60/hour. Therefore, the in house costs to respondents are 9,765 hours X $60/hour = $585,900.

13. Estimate of the Total Annual Cost Burden to Respondents

Respondents are assumed to use outside legal or engineering assistance in order to complete their applications. The cost to applicants for these services is estimated at $300 per

hour. This figure is based on a small survey of local firms in the D.C. area and is

considered to be a conservative estimate.

$300 per hour X 1,248 respondents/responses X 2 hours per submission = $748,800 Annual Costs for Outside Legal/Engineering Assistance.

Application Filing Fees: Part 25-related application fees for earth station applications range from $60 to $2,410. The average of these two figures is $1235. A total of 1,144 earth station respondents X $1,235 average fee = $1,412,840.

Part 25-related application fees for space station applications range from $7900 to $380,835. The average of these two figures is $194,367.50. A total of 104 space station respondents X $194,367.50 average fee = $20,214,220.

The total of Part 25-related earth station and space station filing fees is $1,412,840 + $20,214,220 = $21,627,060.

Total Annualized Cost:

Total Costs to the Industry	Totals
Estimated Application Filing Fees	$21,627,060
Estimated Cost of Outside Legal/Engineering Assistance	$748,800
Total Cost to Respondents	$22,375,860

14. Estimate of Annualized Cost to the Federal Government:

The estimate of annualized cost to the Federal government is summarized in the chart below.

As shown in the chart, the annualized costs to the Federal government are $884,810.00

The chart contains staff salaries, burden hours and annualized costs.

Federal Government Staff	Number of Staff	Salary Per Hour	Annual Burden Hours	Annualized Costs
GS-15/Step 5 Attorney	1	$67.21	500	$33,605.00
GS-14/Step 5 Attorney	1	$57.13	500	$28,565.00
GS-15/Step 5 Engineers	2	$67.21	2,000	$268,840.00
GS-14/Step 5 Engineers	2	$57.13	2,000	$228,520.00
GS-12/Step 5 Analysts	4	$40.66	2,000	$325,280.00
	10		7,000	$884,810.00

15. This Supporting Statement does not reflect any program changes or adjustments.

16. The data will not be published for statistical use.

17. We continue to seek a waiver of the requirement to display the expiration date of OMB approval on the FCC Form 312 and Schedule S and wish to instead display an edition date.

If these forms remain unchanged when it is time to renew OMB approval for this collection, the Commission would be required to destroy all stock on hand displaying the old expiration dates and then reprint and redistribute the forms with the new expiration date. Additionally, it would require the Commission to modify the electronic versions also. This would be an undue burden on Commission resources and may lead to confusion among licensees.

18. There are no exceptions to the Certification Statement.

B. Collections of Information Employing Statistical Methods:

No statistical methods are employed.

1 The recordkeeping requirement for Section 25.110 is included for each requirement under Section 25.110 as outlined throughout the chart.

2 See 47 CFR 25.115(a)(2) for the exception.

4